Duck and Cover has more from the courtrooms, where lawyers from Interplay and Bethesda continue to fight over whether Interplay still retains the rights to make a Fallout MMORPG, or whether they have failed to live up to the conditions that would allow them to do so. Word is Bethesda has filed what's called a motion in limine, saying a source tells them "Bethesda is trying to prevent Interplay from bringing damning evidence up in the jury trial." Here's the legalese:

For the reasons set forth in the accompanying memorandum, Bethesda moves the Court for an order:

(1) Holding that Defendant/Counter-Plaintiff Interplay Entertainment Corp. (“Interplay”) bears the burden of proof at trial on each of the following issues: (a) that Interplay has a trademark and copyright license; (b) that Interplay had commenced “full-scale development of its FALLOUT MMOG” by April 4, 2009 as set forth in Section 2.3 of the Trademark License Agreement entered into by Bethesda and Interplay on April 4, 2007 (the “TLA”); and (c) that Interplay had “secured financing for the FALLOUT MMOG in an amount no less than US$30,000,000.00” by April 4, 2009 as set forth in Section 2.3 of the TLA;

(2) Precluding Interplay from offering parol evidence to support its defense that the TLA granted Interplay a copyright license;

(3) Precluding Interplay from arguing at trial that it had satisfied the “full-scale development” and “Minimum Financing” requirements set forth in Section 2.3 of the TLA by April 4, 2009; and

(4) Precluding Interplay from amending its pleadings to assert the affirmative defense of mistake.

<<<<<<<<<<<<<<<<<<<<<<<< "More Fallout Online Legal News Nov 8, 2011, 06:41 Dev"A full-scale development team could burn through 30M in 4 years... so it makes sense they're almost out of cash if they followed the legal guidelines.But not if you follow the filings such as annual reports. Show me where it says they got $30 million in funding.

I'll tell you what it says etc......">>>>>>>>>>>>>>>>>>>

They have a few outs. Masthead, via the contract that is sealed before the court, supplies them with sub-contract development work equal to a certain amount. A letter of intent with I2G games supplies the rest of the money when it is needed for launch.

But there are more important matters that go before that. This is a bad faith contract and Bethesda is to blame for that by arguing Interplay has the right to only the name Fallout which automatically disqualifies Interplay from ever releasing a Fallout MMO that adheres to Bethesda's stipulation that it resembles the Fallout world.

Also Bethesda Lawyers prohibited Interplay from putting out press releases stating that they were working on a Fallout MMO as far back as March of 2008.

This is another no no. It's called Sabotage. Interplay had the right to work on the game and not provide proof of 30 million up until the deadline.

Putting out a press release stating they were working on the game would have attracted many more investors in the plan( besides the one European multi-billion asset hedge fund)

Interplay is a public company that can tap the capital markets provided they are allowed to say they are working on a game that a contract says they have a right to work on. a game that ties in to a game franchise that just had blockbuster 600 million $ in sales total reported.

Investors would pony up lots of money to get in on a ground floor opportunity like that.

Bethesda lawyers threats and muzzling of Interplay denied all of these possibilities and created the very financial uncertainty for Interplay that they are bringing up as a point in court.

It's like trading for a Basketball player then nullifying the contract since the player did not pass his physical because he was beaten up to injury status by your thugs on his way to the physical.

Bethesda put stumbling blocks before them and they are detailed in court evidence long before the April 2009 put up or shut up funding and full scale development deadline.

This contract is no longer binding because it is clear as day that it is a fraudulent contract and again, Bethesda is the company that made it into a fraud by showing their bad faith contracting intent as a court argument signed and sealed before a judge.

They cannot redact that fact that they never intended to honor an Interplay Fallout MMO release. A contract violating intent was their freaking argument in court!